month. Terms of sale not com within one in cases where the purchasers shall not comply with the conditions of the sales, the sheriff shall order the property to be resold, first subplied with,jecting the purchaser at the first sale to make up the deficiency which the property may arise at such second sale. to be resold. of secreted property to cent. on its Discoverers 116. Sec. VI. In all cases wherein lands or other property shall be secreted from the sheriff, any citizen who shall discover and make have ten per the same known, that such informer shall receive ten per centum out of the nett amount of such sales,* and such property so discovered, shall be sold and disposed of under the like terms as is herein pointed out for the sale of property so as aforesaid foreclosed. value. Each county academy allowed to purchase of And whereas, by several resolutions and acts of the legislature, the several counties in this state were entitled to receive out of the confiscated property, the sum of one thousand pounds each, for the encouragement of public schools, but that several of the counties so entitled have not received such donation : 117. Sec. VII. Be it enacted, &c. That each and every county in this state which has not received such donation, the commissioners of complete its the public academy of such county (or their agents to be by them leone thousand gally appointed) be at liberty to purchase at any sales of confiscated property intended by this act, the sum of one thousand pounds: Provided, that in cases where such county has received any part or portion of such donation, that such sum so received shall be deducted, and the purchase shall be admitted only for the balance.† pounds. Resolution explained, as be applied. And whereas the general assembly did, by their joint resolution of the 14th day of December, 1791, declare that all original purchasers of confiscated property, or their heirs, executors, or administrators, may, within three months after the date of such resolution, signify to the treasurer how they wish the moneys so paid in by them to be applied, whether in discharge of the principal or interest bond, which resolutions require the further sense of the legislature : 118. Sec. VIII. Be it enacted, That no transfer of payment shall to how pay- be had or admitted from the principal bond to the interest, in any case wherein the purchaser or purchasers, or their representatives, had made sale of such property, but that payments made on the principal bond in such cases shall be considered as payment thereon only, and that the said resolutions did not extend to the injury of fair purchasers under the state title, but only as a relief to persons holding their purchases in their own right. Citizens indebted to per estates are confiscated. to pay the amount inte Sec. IX. Local. And whereas there are debts due by citizens of this state to persons named in the act of confiscation and banishment aforementioned, which by the said act became the property of the state, but no mode was therein pointed out for their discharge : 119. Sec. X. Be it enacted, &c. That the citizens so indebted to sons whose persons named as aforesaid, shall be at liberty, for and during the term of one year from and after the passing of this act, to pay the same into the public treasury of the state, in any paper emission or public the treasury securities thereof (except O'Bryan and Wade's, or Seth John Cuthbert's certificates ;) and the treasurer is hereby authorized to receive payment. the same on oath, and to grant a full acquittance or discharge therereceive the for; and after that period, any person who was a citizen of the same on oath United States on the 11th day of July, 1782, to whom persons named discharges. in the act of confiscation were indebted, shall and may sue out and pro -what to be received in Treasurer to and grant In money or in land, at the option of the informer. Resolution of Dec. 1804. Vol. II. 679, and see sec. 133. + And see Acts of 1820, p. 68. for attach sons on the cation. secute his or her attachment against the person or persons so named Regulations in the said act, and thereby attach the goods and chattels of such con- ments fiscated and banished person, which belonged to him or them, on the against peraforesaid 11th day of July, 1782, in the hands of any person or per- act of confis sons whomsoever, in like manner as attachments now issue, and the person or persons to whom copies of the attachment may be served, shall be bound to appear and answer as is the customary mode in the courts of this state: Provided, that nothing herein contained shall be construed to extend to grant any power to attach real estate : And provided, that where personal property shall be so attached, twenty Twenty per per cent. shall be paid into the public treasury out of the amount of to be paid every attachment so issued and prosecuted to judgment: And provided also, that nothing herein contained shall extend to authorize an attach- state. ment of any property that may have been disposed of by donation or sale by the public of the state. An Act to amend the foregoing.-This act passed December 20, 1793. cent. thereof into the trea sury of the state to be commission ers. 120. Sec. I. In all cases where a foreclosure of any mortgage has Mortgaged been or shall be complete, wherein the governor for the time being, precissed in on the part and behalf of this state, shall be plaintiff, and the equity behalf of the of redemption shall thereupon be foreclosed, that the estate so mort- sold by the gaged shall be subject to a future sale on the following terms and conditions: that is to say, That the commissioners hereby appointed, having given a full and perfect description of such property as may be in the respective counties, shall, immediately after being notified in writing, by the attorney or solicitor general, that the proceedings on the bill of foreclosure are ended, and that the defendant or defendants are by law precluded of the right of redemption of the premises, advertise the same for sale in both the gazettes of Savannah and Augusta, at least three months before the day of sale, which sales shall be at Savannah Where the and Augusta :* [Here follows a passage transcribed from the former sales are to act-see 111 within the brackets.] Provided nevertheless, that no- Terms of thing herein contained shall tend to prevent any purchaser or purchasers from paying immediately the whole amount of his, her, or their purchase money, or any part or parcel thereof, at any time or times before the same shall become due. Sec. II. [The same as sec. 112, 113, and 114, using the word "Commissioners" instead of "Sheriffs."] be. sale. sers (except and a half specie, out of 121. Sec. III. The purchaser shall pay two and one half per cent. The purchain specie on all purchases made under this act, from which payment academies) the commissioners shall or may deduct their commission of one per to pay two centum, which shall be in full compensation for making out and exe- per cent. in cuting titles, and for all charges, expenses, and services so required, which the and the balance of such specie payment the commissioners shall commissionpay ers are to be into the treasury within three months after the day of sale: Provided paid, and the nevertheless, that this clause shall not extend to affect lands purchased paid into the under and by virtue of this act for academy uses. Sec. IV. [Local.] residue to be treasury in 3 months. missioners to 122. Sec. V. Three fit and discreet persons shall be appointed Three comcommissioners to carry this act into effect, one of whom shall reside be appointed. in each of the several divisions of this state, which divisions agreeable to the militia law thereof. * But see sec. 129. to the governor in 10,000 pounds each. To give bond 123. Sec. VI. The said commissioners, previous to their enterand security ing on the execution of their appointment, shall severally give bond, and sufficient security to his excellency the governor, in the sum of ten thousand pounds each, conditioned respectively, for the true and faithful exercise and discharge of the trust reposed in them by this act, which bond shall be lodged in the hands of the public treasurer of this state. Six mouths given for payment where fore closures have taken place. Provided, a moiety has been paid. A board eonstituted to take in cer issue others. Sec. VII. [Same as sec. 116, substituting "Commissioners," for "Sheriffs," and "specie amount," for "nett amount."] Sec. VIII. [Same as sec. 117.] And whereas a number of persons have purchased confiscated property, which has not been paid for, 124. Sec. IX. Be it enacted, &c. That six months after the date hereof be allowed for the payment of any sums which may be due, with costs of suit, where a foreclosure of the mortgage has taken place; and the commissioners to be appointed under and by virtue of this act, are hereby directed and required to make titles for such property after payment as aforesaid. Provided, that this shall not extend to affect any purchase where one-half of the amount thereof has not been paid. Whereas, it is indispensably necessary that the outstanding debts of this state should be ascertained, as well to form a proper check upon the papers thereof as to make an adequate provision for their redemption. And whereas many counterfeit certificates and other liquidated claims against this state have been discovered, which so nearly comport with the genuine papers of the same description, as with difficulty to be distinguished even by the signer thereof: And whereas the papers of the state heretofore have been partially issued without a proper check to preserve the credit of the same, and to guard the interest of the state, and the individual holders thereof: for remedy whereof, 125. Sec. X. Be it enacted, &c. That his excellency the governor, the president, and late auditor, and the treasurer for the time being, tificates and be, and they are hereby constituted, a board to take in and receive all liquidated claims issued by authority of this state, (those issued by Wade and O'Brien, and Seth John Cuthbert, whose accounts remain unsettled, excepted,) and they or any two of them, the auditor being one, shall, and they are hereby authorized and required to issue others in lieu thereof, with a proper check, pursuing as nearly as may be the plan and form of those issued by the United States; and for such services the late auditor shall be provided for by a future legislature. Repealing clause. Debts for, ted property 1 126. Sec. XI. So much of the above recited act, [the last preceding,] as militates with this act, be and the same is hereby repealed. An Act to establish a fund for the redemption of the public debt of this state.-Passed November 26, 1802. Vol. II. 57. Whereas justice and good faith require, that the outstanding debts due by this state should be paid off and discharged, 127. Sec. I. Be it enacted, &c. That from and immediately after and cons the passing of this act, all debts due to this state by bond or otherwise set apart for for confiscated property, and all confiscated property yet remaining of the public unsold, and not otherwise specially appropriated, shall be established and set apart as a fund for the paying and redeeming the public debts due by this state; and all moneys hereafter collected for confiscated the payment debt. property, shall be deposited in the treasury of this state, and the treasurer shall annually pay to each creditor, his attorney, agent, or representative, a just proportion of his debt or demand against this state, in proportion to the whole of the demands, and the quantity of money received as aforesaid, and until all the public debt is paid off and discharged. ers of confis Their duty. 128. Sec. II. James Bird, William Robertson, and Hines Holt, be Commissionand they are hereby appointed commissioners, and they or a majori- cated property of them, are hereby authorized to sell and dispose of all such con- ty appointed. fiscated property, as yet remains unsold, and also of all such confiscated property that has or may revert to the state, on account of the terms of former sales not being complied with, and the said commissioners are hereby authorized to receive in payment any cash demands against this state, which have been liquidated by the comptroller general, (Wade and O'Bryan's certificates excepted.) Provided, that they and each of the commissioners aforesaid, do give bond and security to his excellency the governor, in the sum of 10,000 dollars, for the faithful discharge of their duty. * ty how ad 129. Sec. III. All sales of property made by virtue of this act, Such propershall be at the seat of government of this state, and between the vertised and hours of twelve and three o'clock in the afternoon, and that the same where sold. shall be advertised at least six months in one of the public gazettes in each district of this state, and at the court house in the county where the property lies. tion to the sioners and Shall sell no be identified, they may ap veyor. 130. Sec. IV. The said commissioners shall be allowed at and Compensa after the rate of two and a half per centum each, on all property by commis them sold, in virtue of this act, as a compensation for their services. their further Provided nevertheless, that the said commissioners shall not be author- duty, ized to sell by virtue of this act, any lands that cannot be particularly lands but identified by a plat of the same in the surveyor general's office of this such as can state; but they, the said commissioners, are hereby authorized and to do which directed, to appoint one able surveyor, to survey and make out, un- point a surder the particular direction and inspection of the said commissioners, or either of them, fair plats of all the lands belonging to this state, by virtue of the confiscation acts heretofore passed in this state, the same being on record in the secretary of state's office, but no plat thereof being in the surveyor general's office; also to resurvey all lands that may be advertised for sale, agreeably to the plats in the surveyor general's office, previous to the sale thereof. He the said surveyor receiving the usual fees of surveyors in like cases, out of any moneys arising from the sales of such property and the said surveyor is hereby directed to return each survey by him so made as aforesaid, to the commissioners or either of them, to be by the said commissioners or a majority of them laid before the next legislature. 131. Sec. V. This state shall and will warrant and defend the said commissioners, or a majority of them, in any sale or sales of property, which they may make by virtue of this act. * All confiscated property in the Eastern district, shall hereafter be sold in Savannah; and all in the upper district, at either Augusta or Milledgeville, as a majority of the commissioners shall deem most for the interest of the state. The purchasers, (except academies,) to pay 1 1-2 per cent. cash towards the resurveying and the expense of the sales. [Resolution of 15th Dec. 1810. Vol. II. 699.] +Further compensated. Sec. 132. 14 Commissioners to be com vices. An Act supplementary to the foregoing.-Passed May 9, 1803. Whereas by the above recited act, it is made the duty of the commissioners therein named and appointed, to superintend the surveyor by them to be appointed, while on the duties of his office, while seeking out and resurveying the lands belonging to this state, (agreeable to the act of confiscation,) previous to their being sold as directed by said act; and no compensation is allowed by said act, to said commissioners, for their time and expenses, while attending on that part of the duties of their office; for remedy whereof, 132. Sec. I. Be it enacted, &c. That from and immediately after pensated for the passing of the above recited act, the said commissioners shall be certain ser- entitled to receive at the rates of three dollars per day, each, while in actual service of the state, in superintending the said surveyor, while on the duties of his office, as pointed out by said act, as a compensation for their time and expenses, while attending on that part of the duties of their office, which shall be paid out of the moneys arising from the sales of such property. Reward offered for discovery of to be sold under the con And whereas, it appears by the report of said commissioners, laid before the legislature, that there is a probability that property to a large amount belonging to this state, still remains undiscovered or concealed from the commissioners of the state, for want of proper encouragement being given to individuals to encourage them to make such property known; Therefore, 133. Sec. II. Be it enacted, &c. That it shall be the duty of said commissioners, on receiving from any person or persons, good inforlands subject mation of any property, belonging to this state, by virtue of the act of confiscation, (not discovered or pointed out before the passing the fiscation acts above recited act,) to proceed and make sale of the same agreeable to said act, and shall pay unto such informer or informers, at the rate of twenty per centum, out of the nett proceeds of sales of such property by them pointed out: Provided, he or they shall go forward with one or more of the commissioners, and assist them to identify said property, to the satisfaction of said commissioners; and the said commissioners shall take bond and security of such informer or informers, in double the amount of the premium to be received by him or them, conditioned, that if any or all of said property, so pointed out by him or them, shall hereafter be legally claimed, and the state shall think fit and proper to refund the same, or the amount of sales thereof, that then, and in that case, he or they shall refund to the state, his or their commission so received, for or on account of such information, for such part thereof as may be so legally claimed. All necessary be paid the ers. 134. Sec. III. It shall be lawful for said commissioners to tax a expenses to bill of cost for any necessary expenses they may be at, in taking into commission possession and supporting any negro or negroes, they may have occasion to take into their possession, by and in compliance with said act; and all other necessary expenses they may be at, in seeking after and securing any property belonging to this state, in order to make sale thereof, in conformity to said act; and the said bill of expenses so arising, shall be laid before his excellency the governor, for his approbation, and shall be paid out of the moneys arising from the sale of such property. Property ille gally sold, shall be re stored, and 135. Sec. IV. When it shall appear to the legislature of this state, that the said commissioners have sold any property, (by virtue of this or the before recited act,) to which the state has not a legal claim, |